Sujith Construction Vs the State of Ap

THE STATE OF A P, REP. BY ITS PRINCIPAL SE C RETARY, MUNICIPALITIES AN D URBAN DEVELOPMENT DEPART M ENT, A.P. SECRETARIAT BUIL D ING, VELAGAPUDI, AMARAVATHI.

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THE STATE OF A N DHRA PRADESH, REP. BY ITS P RINCIPAL SECRETARY, FINANCE AND PLANNING DEP A RTMENT SECRETARIAT, VEL A GAPUDI, AMARAVATI, GUNTUR DIS T RICT.

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THE NELLORE M U NICIPAL CORPORATION NELLO R E, SPSR NELLORE DISTRICT. REP BY ITS COMMISSIONER

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THE EXECUTIVE ENGINEER MUNICIPAL CORP O RATION, NELLORE, SPSR NE L LORE DISTRICT

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India prayin g that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction more partic u larly one in the nature of Writ of MAN D AMUS declaring the action of the res p ondents in not releasing payment for the bills to the petitioner for the works e xecuted by him namely i.e. i) Laying of CC road from E.Pole No. 054 57A 010 100 to

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Padmavathi Residency at Harnadhapuram Extension in Division NO. 18 of Nellore Municipal Corporation (18/3) under GGMP Grant under agreement No. 373/JTO/GGMP/2023-24, Dated 19.01.2024 for an amount of Rs. 12,11,253/-, ii) Laying of CC road from D. No. 16-12-233 at Sathar House at Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/2) under GGMP Grant under Agreement No. 279/JTO1/2023-24, Dated 29.11.2023 for an amount of Rs. 17,77,323/-, iii) Laying of CC road near Raju Provision Store at Harnadhpuram 2nd Street Extension in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under agreement No. 281/JTO-I/2023-24, Dated 29.11.2023 for an amount of Rs. 9,68,586/-, iv) Laying of CC road from D. No. 16-13-348 to Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under agreement No. 429 JTOGGMP/2023-24, Dated 19.02.2024 for an amount of Rs. 4,12,970/-, v) Laying of CC road from Vijji Residency to D. No. 16-13-121/1 at Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/3) under GGMP Grant under agreement No. 372/JTO/GGMP/2023-24, Dated 19.01.2024 for an amount of Rs. 11,66,858/, vi) Laying of CC road from VBR Apartment to Harnadhapuram Extension Area in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under agreement No. 430/JTO/GGMP/2023-24, Dated 19.02.2024 for an amount of Rs. 11,17,918/-, vii) Upgradation of Internal CC road from D. No. 23-3-397 to D. No. 23-3-401 at Tekkamitta in Division No. 38 of Nellore Municipal Corporation 38/1 under agreement No. 227/23-24, Dated 14.11.2023 for an amount of Rs. 2,67,255 viil) Laying of CC road from Darusalam apartment to Venganna Kaluva at Tekkemitta in Division No. 38 of Nellore Municipal Corporation (38/1) under agreement No. 228/2023-24, Dated 14.11.2023 for an amount of Rs. 2,22,921 ix) Laying of CC Road from North East Elegance to Existing CC Road at Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/3) under GGMP Grant under agreement No. 283/JTO- 2023-24, Dated 29.11.2023 for an amount of Rs. 8,88,443 x) Upgradation of CC road shadi manzil to SBI ATM at Dycus road in Division No. 42 under agreement No. 323/2023- 24, Dated 24.01.2024 for an amount of Rs. 19,71,903/ xi) Laying of BT Road from Red Cross to New Nellore Hospital in Sarojini Nagar in Div No. 38 in Nellore Municipal Corporation under agreement No. 229/2023- 24, Dated 14.11.2023 for an amount of Rs. 19,36,935/-, xii) Laying of CC Road to the internal crossroads of Harnadhpuram 3rd Streets in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under Agreement No. 282/JTO-I/2023-24, Dated 29.11.2023 for an amount of Rs. 5,02,225/- and

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xiii) Upgradation of Internal roads at Tekemtta in Division No. 38 of Nellore Municipal Corporation (38/1) underAgreement No. 230/2023-24, Dated 14.11.2023 for an amount of Rs. 12,53,750/- (Total amount of Rs. 1,36,98,340/-) as illegal, arbitrary, malafidy, high handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i.e. . i) Laying of CC road from E.Pole No. 054 57A 010 100 to Padmavathi Residency at Harnadhapuram Extension in Division NO. 18 of Nellore Municipal Corporation (18/3) under GGMP Grant under agreement No. 373/JTO/GGMP/2023-24, Dated 19.01.2024 for an amount of Rs. 12,11,253/-, ii) Laying of CC road from D. No. 16-12-233 at Sathar House at Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/2) under GGMP Grant under Agreement No. 279/JTO1/2023-24, Dated 29.11.2023 for an amount of Rs. 17,77,323/-, iii) Laying of CC road near Raju Provision Store at Harnadhpuram 2nd Street Extension in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under agreement No. 281/JTO-I/2023-24, Dated 29.11.2023 for an amount of Rs. 9,68,586/-, iv) Laying of CC road from D. No. 16-13-348 to Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under agreement No. 429/JTO/GGMP/2023-24, Dated 19.02.2024 for an amount of Rs. 4,12,970/-, v) Laying of CC road from Vijji Residency to D. No. 16-13-121/1 at Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/3) under GGMP Grant under agreement No. 372/JTO/GGMP/2023-24, Dated 19.01.2024 for an amount of Rs. 11,66,858/, vi) Laying of CC road from VBR Apartment to Harnadhapuram Extension Area in Division No. 18 of Nellore Municipal r Corporation (18/1) under GGMP Grant under agreement No. 430/JTO/GGMP/2023-24, Dated 19.02.2024 for an amount of Rs. 11,17,918/-, vii) Upgradation of Internal CC road from D. No. 23-3-397 to D. No. 23-3-401 at Tekkamitta in Division No. 38 of Nellore Municipal Corporation 38/1 under agreement No. 227/23-24, Dated 14.11.2023 for an amount of Rs. 2,67,255/-, viii) Laying of CC road from Darusalam apartment to Venganna Kaluva at Tekkemitta in Division No.

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38 of Nellore Municipal Corporation (38/1) under agreement No. 228/202324, Dated 14.11.2023 for an amount of Rs. 2,22,921 /-, ix) Laying of CC Road from North East Elegance to Existing CC Road at Harnadhapuram Extension in Division No. 18 of Nellore Municipal Corporation (18/3) under GGMP Grant under agreement No. 283/JTO-I/2023-24, Dated 29.11.2023 for an amount of Rs. 8,88,443/-, x) Upgradation of CC road shadi manzil to SBI ATM at Dycus road in Division No. 42 under agreement No. 323/2023- 24, Dated 24.01.2024 for an amount of Rs. 19,71,903/-, xi) Laying of BT Road from Red Cross to New Nellore Hospital in Sarojini Nagar in Div No. 38 in Nellore Municipal Corporation under agreement No. 229/2023- 24, Dated 14.11.2023 for an amount of Rs. 19,36,935/-, xii) Laying of CC Road to the internal crossroads of Harnadhpuram 3'^'^ Streets in Division No. 18 of Nellore Municipal Corporation (18/1) under GGMP Grant under Agreement No. 282/JTO-I/2023-24, Dated 29.11.2023 for an amount of Rs. 5,02,225/- and xlii) Upgradation of Internal roads at Tekemtta in Division No. 38 of Nellore Municipal Corporation (38/1) under Agreement No. 230/2023-24, Dated 14.11.2023 for an amount of Rs. 12,53,750/- (Total amount of Rs. 1,36,98,340/-), pending disposal of the Writ Petition and to pass

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Counsel for the Petitioner:

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1.KAMBHAMPATI RAMESH BABU

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Counsel for the Respondent(S):

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1.GP MUNCIPAL ADMN AND URBAN DEV AP

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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Order:-

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Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-Corporation vide (i) Agreement No.373/JTO/GGMP/2023-24, dated 19.01.2024, (ii) Agreement No.279/JTOI/2023-24 dated 29.11.2023, (iii) Agreement No.281/JTO-I/2023-24 dated 29.11.2023, (iv) Agreement No.429/JTO/GGMP/2023-24 dated 19.02.2024, (v) Agreement No.372/JTO/GGMP/2023-24 dated 19.01.2024, (vi) Agreement No.430/JTO/GGMP/2023-2024 dated 19.02.2024, (vii) Agreement No.227/23-24 dated 14.11.2023, (viii) Agreement No.228/2023-24 dated 14.11.2023, (ix) Agreement No.283/JTO-I/2023-24 dated 29.11.2023, (x) Agreement No.323/2023-24 dated 24.01.2024, (xi) Agreement No.229/2023-24 dated 14.11.2023, (xii) Agreement No.282/JTO-I/2023-24 dated 29.11.2023 and (xiii) Agreement No.230/2023-24 dated 14.11.2023 and submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs. 1,36,98,340/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming.

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Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation.

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